Advanced Standard Communication v Motorola Mobility (CoA, 26 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 May 2026 (UPC_CoA_74/2026), the standing judge of the Court of Appeal rejected Advanced Standard Communication LLC’s (ASC) request for discretionary review of the order of 24 April 2026 in which the panel of the Munich Local Division required it to provide security for costs, in its action for infringement of EP 3 016 464 against Motorola Mobility LLC and three other companies (UPC_CFI_798/2025). The order confirms that discretionary review will not succeed on arguments the first-instance court was never asked to consider.

Question

Should the Local Division’s refusal of leave to appeal be overridden by discretionary review under Rule 220.3 where the applicant relies mainly on matters not put before the first-instance court?

Decision

The request was admissible but rejected (paragraph 7). Review requires an order that is manifestly erroneous, or a fundamental question of law whose review is needed for the consistent application of the Rules of Procedure (paragraph 8). ASC neither demonstrated nor even argued that the alleged errors were manifest (paragraph 9). The defendants had submitted financial information on ASC and met their burden of showing a risk to the recovery of costs, while ASC identified no further information they could reasonably have obtained (paragraph 10). A licence offer and a bank guarantee given in other proceedings, to which the defendants were not party, and the possibility of litigation insurance with an anti-avoidance endorsement had not been raised before the Local Division and could not establish a manifest error (paragraphs 11 and 12).

Key points for practice

• Arguments for avoiding or replacing security (insurance, guarantees given elsewhere) must be run at first instance: raised for the first time under Rule 220.3, they do not show a manifest error (paragraphs 11 and 12).

Provisions applied

Rules of Procedure

Rule 220.3

Case law cited

Motorola Mobility v Ericsson, Court of Appeal, 6 September 2024, Centripetal v Keysight, Court of Appeal, 1 September 2025, Advanced Standard Communication v Xiaomi, Court of Appeal, 19 May 2026

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.